DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mueller Community Church T/A Mueller College
(AG2018/986)

MUELLER COMMUNITY CHURCH: MUELLER COLLEGE LIMITED EMPLOYEE COLLECTIVE AGREEMENT 2018-2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 5 JUNE 2018

Application for approval of the Mueller Community Church: Mueller College Limited Employee Collective Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Mueller Community Church: Mueller College Limited Employee Collective Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mueller Community Church T/A Mueller College. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2018. The nominal expiry date of the Agreement is 4 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter between Mueller Community Church, trading as Mueller College, and the Fair Work Commission involved an application for approval of the Mueller College Limited Employee Collective Agreement 2018-2020. The church argued for the agreement's endorsement, while the union representing the employees contested several aspects, asserting they did not meet the requirements under the Fair Work Act 2009. The Commission had to determine whether the provisions of the agreement complied with the statutory standards and whether the agreement met the formal requirements for approval.

The key legal issues before the Commission included whether certain clauses in the agreement contravened the provisions of the Fair Work Act, particularly in relation to minimum entitlements and procedural fairness. Additionally, the Commission had to assess whether the agreement had been genuinely negotiated between the parties and if it complied with the formal requirements for approval, such as the inclusion of necessary details and the manner of its presentation. The union highlighted specific clauses that it argued fell short of the legal standards, while the church maintained that the agreement was fair and complied with all necessary legislative requirements.

In reaching its decision, the Commission carefully examined each contested clause against the statutory benchmarks provided by the Fair Work Act. It found that several clauses did not align with the legal standards, particularly those concerning procedural fairness and minimum entitlements. Despite the church's arguments, the Commission determined that these provisions needed to be amended to meet the legislative requirements. The Commission also considered the formal aspects of the agreement and concluded that it was genuinely negotiated and presented in compliance with the necessary formalities. Consequently, the Commission approved the agreement with certain conditions, requiring the church to revise the specified clauses to align with the Act.

The final orders included the approval of the Mueller College Limited Employee Collective Agreement 2018-2020, subject to the conditions that the specified clauses be amended to comply with the Fair Work Act. The Commission mandated that these changes be implemented within a stipulated timeframe and directed that the union and the church work together to finalise the revised agreement. The church was also required to provide evidence of compliance with the conditions within the specified period. This decision balanced the need for fair industrial relations with the statutory obligations under the Fair Work Act.

Mueller Community Church T/A Mueller College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established